E-Paper
HC quashes DGP Kundu’s plea seeking recall of transfer order
Court dismisses Kangra SP’s plea; directs for special investigation team with IG-level officers to be formed
In a setback to Himachal Pradesh director general of police (DGP) Sanjay Kundu and Kangra superintendent of police (SP) Shalini Agnihotri, the Himachal Pradesh high court dismissed their review petition on Tuesday seeking recall of its order of December 26, 2023, directing their transfer so that they don’t influence the probe into a businessman’s complaint about the alleged threat to his life.
The high court also directed the constitution of a Special Investigation Team (SIT) consisting of officers of the inspector general level to coordinate investigations in all FIRs within two weeks.
A bench comprising chief justice MS Ramachandra Rao and justice Jyotsna Rewal Dua had heard the arguments on the petition on January 5, 2024, and reserved the judgment.
The high court bench said Kundu’s “interference” in a civil dispute was “highly improper”, adding that there was “prima facie dereliction of duty” on Agnihotri’s part.
Orders adequate security to complainant, kin
The court also directed that adequate and effective security be provided to the complainant, Palampur business Nishant Sharma, and his family. It reiterated that it was not expressing any opinion on the merits of the claims of the parties as the investigation is still not complete.
Kundu had challenged the orders of the high court and filed a special leave petition in the Supreme Court, contending that he was not impleaded as a party in the case and not heard by this bench on the allegations made against him in the email of October 28, 2023, by Nishant Sharma. An apex court bench headed by Chief Justice if India DY Chandrachud had on January 3 granted liberty to Kundu to move the HC to seek recall of its December 26 order.
The bench had ordered a stay on the direction for the transfer of Kundu from the post of DGP, pending the high court’s decision on the recall application.
Following the high court’s directive, the government had shifted Kundu as principal secretary (Ayush) while additional DGP, state anti-corruption and vigilance bureau Satwant Atwal Trivedi was given charge of officiating DGP. The government had not transferred Agnihotri.
